An appeals court added Colorado to the list of states that can allow criminal suspects to search victims’ homes to bolster their defense — a move that raised concerns among prosecutors and victims’ advocates.
The Colorado judges wrote in their Thursday decision that courts in California, New Jersey, New York, North Carolina and Massachusetts have determined a defendant’s right to a fair trial sometimes outweighs privacy interests.
Victims’ rights advocates strongly objected to the decision.
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He said the appeals court should have relied more heavily on a 2010 case in which the Colorado Supreme Court ruled that a judge erred in ordering the parents of a sex assault victim to let a defense expert search their home computers and emails. The high court found the search would have violated the parents’ rights against unlawful search and seizure.
The Colorado attorney general’s office is reviewing the decision, spokeswoman Carolyn Tyler said.
